§ 2032.250 Motion to compel compliance; meet and confer declaration; monetary sanctions

Codes > California Code of Civil Procedure > Part 4 > Title 4 > 2032.250

§ 2032.250. Motion to compel compliance; meet and confer declaration; monetary sanctions

    (a) If a defendant who has demanded a physical examination under this article, on receipt of the plaintiff's response to that demand, deems that any modification of the demand, or any refusal to submit to the physical examination is unwarranted, that defendant may move for an order compelling compliance with the demand. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.

    (b) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand for a physical examination, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.